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5. EDSR 02-11-2013
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5. EDSR 02-11-2013
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2/11/2103
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(iii) execute and deliver to Buyer a non-foreign affidavit in recordable <br /> form containing such information as is required under IRC Section 1445(b)(2) <br /> and any regulations relating thereto; <br /> (iv) provide Buyer or Title, as defined in Section 10 with the <br /> information necessary to complete a Minnesota Certificate of Real Estate Value; <br /> and <br /> (v) pay or provide evidence of payment of the following: the cost of <br /> providing the Evidence of Title as defined in Section 12;the State Deed Tax due <br /> upon the execution of the deed described in Section 9;real estate taxes and, if <br /> applicable, levied or pending special assessments pursuant to the provisions of <br /> Section 14; and one-half of Title's fee to conduct and insure the closing of this <br /> transaction. <br /> b. Buyer must: <br /> (i) Tender the Purchase Price to Seller pursuant to the provisions of <br /> Section 6 above; and <br /> (ii) Pay or provide evidence of payment of the following: the premium <br /> for Buyer's owner's policy of title insurance,if any;the changes for any <br /> endorsements to Buyer's title insurance policy that Buyer elects to purchase;the <br /> recording fee due upon the recording the deed from Seller to Buyer; all costs <br /> associated with Buyer's financing, if any, including mortgagee's title insurance <br /> policy costs and premiums, if any, and one-half of Title's fee to conduct and <br /> insure the closing of this transaction. <br /> 12. Evidence of Title. Within ( )days of the date of this Agreement, <br /> Seller must, at Seller's sole cost and expense, deliver to Buyer a commitment from <br /> ("Title")to issue an ALTA Form <br /> 1992 Owner's Policy of Title Insurance, in the amount of the Purchase Price,identifying Buyer <br /> as the proposed insured(the "Title Commitment"). After receiving the Title Commitment, Seller <br /> will promptly forward the Title Commitment to and instruct <br /> to prepare ALTA/ACSM survey(the "Survey")of the Property certified to Seller,Buyer,and <br /> Title. Buyer may instruct to also certify the survey to Buyer's lender. Seller will <br /> pay the cost of the base ALTA/ACSM survey. If Buyer requests that additional items be <br /> included in the survey including,but not limited to, "Table A" items,Buyer must pay any <br /> additional fees or cost associated with the additional survey work. The Title Commitment and <br /> Survey are referred to,collectively, in this Agreement as the "Evidence of Title." <br /> 13. Examination of Title. Within ten(10)business days of Buyer's receipt of the last <br /> item of the Evidence of Title or within ten(10)days of Buyer's discovery of a defect in the <br /> marketability of Seller's title to the Property which defect was not reasonably ascertainable from <br /> the Evidence of Title,Buyer may give Seller written notice of alleged defect(s)in the <br /> marketability of Seller's actual or record title to the Property and request that Seller make Seller's <br /> title marketable(an"Objection"). The Permitted Encumbrances described in Sections 7(a)and <br /> 1778984v6 5 <br />
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